# C_2008219EN.01003401.xml

| 28.8.2008 | EN | Official Journal of the European Union | C 219/34 |
| --- | --- | --- | --- |

28.8.2008

EN

Official Journal of the European Union

C 219/34

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Operation of scheduled air services — Invitation to tender issued by the United Kingdom under Article 4(1)(d) Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Stornoway-Benbecula and Benbecula-Barra (Scotland)

(Text with EEA relevance)

(2008/C 219/22)

1.   Introduction

In pursuance of Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the United Kingdom has imposed public service obligations (PSOs) in respect of scheduled air services operated between Stornoway-Benbecula and Benbecula-Barra. The standards required by these PSOs were published for Stornoway-Benbecula in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008; and were published for Benbecula-Barra in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 295, 5.12.2003, OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008.

Stornoway-Benbecula

Benbecula-Barra

If, by 1 March 2009, no air carrier(s) has (have) commenced or is (are) about to commence scheduled air services between Stornoway-Benbecula and Benbecula-Barra in accordance with the PSOs imposed and without requesting compensation, the United Kingdom has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, to continue to limit access to each of these routes to a single air carrier (although for the avoidance of doubt one single carrier may provide services for both of these routes) and to offer the right to operate such services from 1 April 2009 by public tender.

2.   Object of Invitation to Tender

Operation from 1 April 2009 of scheduled air services between Stornoway-Benbecula and Benbecula-Barra in accordance with the PSOs imposed on these routes and published for Stornoway-Benbecula in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008; and published for Benbecula-Barra in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 295, 5.12.2003, OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008.

Stornoway-Benbecula

Benbecula-Barra

3.   Participation

Participation is open to all air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 on 23 July 1992 on licensing of air carriers. The respective services will operate under the Civil Aviation Authority (CAA) regulatory regime.

4.   Tender Procedure

This invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.   Tender Dossier/Qualification, etc.

The complete tender documentation, including forms of tender, specifications, conditions of contracts/schedules to the conditions of contracts, as well as the texts of the original PSOs published for Stornoway-Benbecula in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008; and published for Benbecula-Barra in the OJ C 53, 4.3.1995, as modified in the OJ C 143, 8.5.1998, OJ C 154, 29.5.2001 and OJ C 310, 13.12.2002, and as further modified in the OJ C 295, 5.12.2003, OJ C 285, 17.11.2005 and OJ C 218, 27.8.2008, may be obtained free of charge from the Awarding Authority as follows:

Stornoway-Benbecula

Benbecula-Barra

| Comhairle nan Eilean Siar |
| --- |
| Council Offices |
| Sandwick Road, Stornoway |
| Isle of Lewis, HS1 2BW |
| Scotland |
| United Kingdom |
| Tel. (44) 18 51 70 94 03 |
| Fax (44) 18 51 70 94 82 |
| (Contact: Murdo J Gray, Director of Technical Services) |
| E-mail: mgray@cne-siar.gov.uk |

Comhairle nan Eilean Siar

Comhairle nan Eilean Siar

Council Offices

Sandwick Road, Stornoway

Isle of Lewis, HS1 2BW

Scotland

United Kingdom

Tel. (44) 18 51 70 94 03

Fax (44) 18 51 70 94 82

(Contact: Murdo J Gray, Director of Technical Services)

E-mail: mgray@cne-siar.gov.uk

Airlines will be required to include in their tender documents, evidence of their financial standing (an annual report and audited accounts for the past 3 years, if these are available, must be provided and must include turnover and pre-tax profit for the past 3 years), previous experience and technical capability to provide the services described. The Awarding Authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

The right to operate the Stornoway-Benbecula and Benbecula-Barra services is being offered on the basis that they may be combined together into one contract, or tenders may be made to operate either one of the services or both services. Accordingly, the Awarding Authority reserves the right to exercise discretion in accepting bids which are to provide one service only or both services, and tenderers should provide separate costings for each bid; however tenderers should note that the Awarding Authority may also accept single bids for the provision of both services, and should provide costings for such bids. Bids whether separate or combined will be evaluated according to which bid(s) is (are) the most economically advantageous to secure the operation of both services for the duration of their respective specified tender periods. In addition to all applicants being able to demonstrate that specificed aircraft can operate safely in and out of the relevant airports, tenderers must also have, when the tender is submitted, appropriate approval from the relevant regulatory authority for the operation of all aspects of the 2 routes. Tenders should be priced in Sterling and all supporting documents must be in English. The contract(s) shall be considered as a contract(s) made under Scottish Law and subject to the exclusive jurisdiction of the Scottish courts.

6.   Financial Compensation

The tenders submitted should indicate the amount required by way of grant for operating the service(s) for the period specified in 7 below from the scheduled starting date to 31 March 2012 (with an analysis for each year). The grant should be calculated in accordance with the specifications. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

The contract(s) will be awarded by Comhairle nan Eilean Siar. All payments under the contract(s) will be in Sterling.

Comhairle nan Eilean Siar

7.   Period of validity, amendment and termination of the contract(s)

A 3-year contract commencing 1 April 2009 will terminate on 31 March 2012 for the Stornoway-Benbecula service and a 3-year contract commencing 1 April 2009 will terminate on 31 March 2012 for the Benbecula-Barra service. A combined contract for the provision of air services between Stornoway-Benbecula and Benbecula-Barra would commence on 1 April 2009 and in respect of rights and obligations pertaining to the provision of these air services such rights and obligations contained therein would cease on 31 March 2012. A new Regulation of the European Parliament and of the Council on common rules for the operation of air transport services in the Community is expected to repeal and recast Council Regulations (EEC) No 2407/92, (EEC) No 2408/92 and (EEC) No 2409/92. The period of this contract will be extended to 31 March 2013 if that Regulation, if it is adopted and in force before 1 April 2009, so permits. Any amendment or termination of the contract(s) will be in accordance with the conditions of the contract(s). Variations in the services will be permitted only with the agreement of the Awarding Authority.

8.   Penalties in the event of the carrier failing to comply with the contract(s)

In the event of the carrier failing to operate any flight for any reason then, subject as aftermentioned, Comhairle nan Eilean Siar may reduce the grant(s) on a pro rata basis for each occasion on which a flight is not operated provided that Comhairle nan Eilean Siar shall not make any such reduction in the grant(s) where the failure to operate the flight(s) is/are as a consequence of any of the following, and the appropriate occurrence has not arisen as a consequence of the acts or omissions of the carrier:

Comhairle nan Eilean Siar

Comhairle nan Eilean Siar

| — | weather/tidal conditions, |
| --- | --- |

—

weather/tidal conditions,

| — | closure of the airports, |
| --- | --- |

—

closure of the airports,

| — | security reasons, |
| --- | --- |

—

security reasons,

| — | strikes, |
| --- | --- |

—

strikes,

| — | reasons of safety. |
| --- | --- |

—

reasons of safety.

An explanation from the carrier(s) for such non-operation is also required in accordance with the conditions of the contract(s).

9.   Deadline for submission of bids

1 month after the date of publication of this notice.

1 month after the date of publication of this notice.

10.   Application procedure

Tenders must be sent to the address at 5 above addressed to the Chief Executive. Persons admitted to open tenders are designated staff from Technical Services and the Chief Executive's Departments of Comhairle nan Eilean Siar.

Comhairle nan Eilean Siar

11.   Validity of invitation to tender

In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier presents, by 1 March 2009, a programme for operating one or both of the routes in question from 1 April 2009 or before that date, in accordance with the PSOs imposed, as amended, without receiving any subsidy.

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